Loading...
HomeMy WebLinkAboutCC Reso No 2007-188RESOLUTION NO. ~nm-ias RESOLUTION OF THE CITY COUNCIL OF TME CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Lake Elsinore, California (the "City"), has heretofore adopted Resolution No. 2007-168 stating its intention to annex certain property (Annexation Area No. 2(California Business Condos) ("Annexation Area No. 2")) into City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) (the "DistricY') pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "AcY'); and WHEREAS, a copy of Resolution No. 2007-168, incorporating a description and map of the proposed boundaries of Annexation Area No. 2 and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within Annexation Area No. 2, which wiil be used to finance a portion of the cost of providing parks, open space and storm drain maintenance services that are in addition to those provided in the territory within Annexation Area No. 2 prior to the annexation of Annexation Area No. 2 into the District and do not supplant services already available within the territory proposed to be included in Annexation Area No. 2, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on November 13, 2007, this Council held a noticed hearing as required by law relative to the proposed annexation of Annexation Area No. 2 into the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the annexation of Annexation Area No. 2 into the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and WHEREAS, this Council adopted its Resolution No. 2007- 187 determining the validity of prior proceedings relating to such annexation; and WHEREAS, the proposed special tax to be levied upon property within Annexation Area No. 2 to finance the above referenced public services has not been precluded by protest of the owners of one-half (1/2) or more of the area of land within Annexation Area No. 2; and WHEREAS, this Council wishes to present to the qualified electors of Annexation Area No. 2 a proposition to levy special taxes on property within each Annexation Area No. 2. NOW, THEREFORE, the City Council of the City of Lake Elsinore, California, acting as the legislative body of City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance), does hereby resolve as follows: SECTION 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of Annexation Area No. 2 a proposition (the "Annexation Area No. 2(California Business Condos) Proposition") to levy special taxes on property within Annexation Area No. 2 in accordance with the rate and method specified in Resolution No. 2007- 189 of the Council. The Annexation Area No. 2 (California Business Condos) Proposition is attached as Exhibit "A." SECTION 2. A special election is hereby called for Annexation Area No. 2 on the Annexation Area No. 2(California Business Condos) Proposition set forth in Section 1 above. SECTION 3. The City Clerk shall hand deliver the ballot to the appropriate landowner immediately upon the adoption of this resolution. SECTION 4. The date of the special election for Annexation Area No. 2 on fhe proposition shall be on the 13th day of November, 2007. The voter ballot shall be returned to the City Clerk at 130 South Main Street, Lake Elsinore, California, 92530, no later than 7:00 p.m. on November 13, 2007. SECTION 5. The Council finds and determines that there were no registered voters residing within the territory of Annexation Area No. 2 at the time of the protest hearing and ninety (90) days prior thereto, and that there is only one landowner in Annexation Area No. 2. The requirements of Section 53326 of the Government Code having been waived by the respective landowner, the ballot for the special election shall be personally delivered to the respective landowner within Annexation Area No. 2. SECTION 6. Each Annexation Area shall constitute a single election precinct for the purpose of holding said election. SECTION 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Lake Elsinore, as the elections officiai. SECTION 8. This resolution shall take effect from and after the date of its passage and adoption. 2 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, this th day of Nov,ember, 2007. MAYOR E. ATT ST: ti..-. R,~ . ~,o-~.~ VIVIAN M. MUNSON CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE 3 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2007-188 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 13~h day of November, 2007, and that the same was adopted by the following vote: AYES: Mayor Magee, Mayor Pro Tem Hickman, Councilmember Buckley, Councilmember Kelley, Councilmember Schiffner NOES: None ABSENT: None ABSTAIN: None .~ ~ - ~,a--- VIVIAN M. MUNSON CITY CLERK 4 OFFICIAL BALLOT CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2006-5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) ANNEXATION AREA NO. 2(CALIFORNIA BUSINESS CONDOS) SPECIAL TAX ELECTION NOVEMBER 13, 2007 To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to CBC 1, L.P., as owner or authorized representative of such sole owner of land within Annexation Area No. 2(California Business Condos) of City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) and represents 100% of the vote. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Lake Elsinore at 130 South Main Street, Lake Elsinore, California 92530. PROPOSITION Shall City of Lake Elsinore Community Facilities District No. 2006-5 (Parks, Open Space and Storm Drain Maintenance) be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of specia4 taxes (the "Special Tax Formula") set forth in Resolution No. 2007-168 to finance the authorized services and administrative expenses and to fund and replenish a reserve fund, if any, all as provided for in the Special Tax Formula? YES NO EXHIBIT "A"